IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Brian Lake Balderson, :

Plaintiff : Civil Action 2:12-cv-00235

v. : Judge Smith

Gary Mohr, et al., : Magistrate Judge Abel

Defendants

:

ORDER

Plaintiff Brian Lake Balderson, a state prisoner, brings this action alleging that

defendants are deliberately indifferent to his serious medical needs in violation of the

Eighth Amendment. This matter is before the Court on plaintiff Balderson's April 2,

2012 objections to Magistrate Judge Abel's March 21, 2012 Initial Screening Report and

Recommendation finding that the complaint fails to state a claim upon which

relief may be granted against defendants, Director Gary Mohr, Kelly S. Riehle, Mona

Parks, and Michele Miller and that suit against the Ohio Department of Rehabilitation

and Correction is barred by the Eleventh Amendment.

Plaintiff objects to the dismissal of Direct Gary Mohr, Kelly S. Riehle, Mona

Parks, and Michele Miller. Plaintiff relies on a statement from Assistant Chief Inspector

Mona Parks that states "collegial review" with the Bureau of Medical Services

determined that further surgical intervention was not necessary. Plaintiff argues that

defendants are hiding behind "collegial review" and that he has been denied

recommended treatment on the basis of this review. Plaintiff maintains that these

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defendants have knowingly authorized and approved the conduct at issue in this case

by using collegial review to deny him necessary treatment. 

The Magistrate Judge correctly stated that to establish liability under §1983, a

plaintiff must plead and prove that a defendant is personally responsible for the

unconstitutional actions which injured him. Monell v. New York City Dept. of Social

Services, 436 U.S. 658, 694 (1978). Respondeat superior is not a basis for liability. Polk Co. v.

Dodson, 454 U.S. 313, 325 (1981); Rizzo v. Goode, 423 U.S. 362, 371 (1976). A supervisor is

not liable unless the supervisor encouraged or somehow participated in the actionable

events. There is no liability under 42 U.S.C. §1983 for “mere failure to act.” Shehee v.

Luttrell, 199 F.3d 295, 300 (6th Cir. 1999). 

Although the complaint alleges Director Mohr and Warden Miller have been

negligent in their oversight of the health care provided prisoners, it does not allege that

they have been deliberately indifferent to plaintiff’s serious medical needs. As a result,

the complaint fails to state a claim under the Eighth Amendment against defendants

Mohr and Miller. The complaint also does not allege Mona Parks has been deliberately

indifferent to Balderson's serious medical needs. As the Magistrate Judge noted, the

complaint alleges she did her best to redress plaintiff’s grievances. Consequently, the

complaint fails to state a claim under the Eighth Amendment against defendant Parks.

Additionally, prison officials whose only roles “involve their denial of administrative

grievances and their failure to remedy the alleged retaliatory behavior” cannot be liable

under §1983. Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. 1999); see also Bellamy v.

Bradley, 729 F.2d 416, 421 (6th Cir.1984); Hays v. Jefferson County, 668 F.2d 869, 874 (6th

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Cir. 1982). Consequently, the complaint fails to state a claim for relief against defendant

Riehle.

Upon de novo review in accordance with the provisions of 28 U.S.C.

§636(b)(1)(B), the Court ADOPTS the Initial Screening Report and Recommendation. 

(Doc. 4). The complaint fails to state a claim upon which relief may be granted against

defendants, Director Gary Mohr, Kelly S. Riehle, Mona Parks, and Michele Miller. Suit

against the Ohio Department of Rehabilitation and Correction is barred by the Eleventh

Amendment. Consequently, these defendants are DISMISSED from this lawsuit. The

lawsuit continue as to defendants Bradley Eller, Dr. Weidman, and Dr. Williams.

 George S. Smith 

George C. Smith

United States District Judge

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